What to bring to a hearing at the Tribunal administratif du logement?

Modified on Mon, 01 Nov 2021 at 10:45 AM

Introduction

Pronotif is an electronic notification service (online platform) used by the real estate and legal industry. Its system ensures a secure and reliable transmission of legal documents and notices. This service is used in thousands of cases before the Quebec courts and is even recommended by the Superior Court, the Court of Quebec, and the Bar of Montreal.

In the following decisions, the Tribunal Administratif du Logement recognized the validity of Pronotif, so that the simple transmission of an email sent through the service was satisfactory:

  1. Faour Brown 2019 QCRDL 37369
  2. Blais Bourgouin 2019 QCRDL 28015
  3. Tatkeu Njike 9198-0110 Quebec inc. 2019 QCRDL 31120
  4. Faour Labourdette 2018 QCRDL 29440
  5. Shah Edwards-Daugherty 2017 QCRDL 4287
  6. DCV Biaye Properties 2017 QCRDL 15611
  7. Properties v. El Hage 2017 QCRDL 15608
  8. DCV Estates Kammoonah 2017 QCRDL 15609
  9. DCV Estates Hamane 2017 QCRDL 15612
  10. DCV Estates Corne 2017 QCRDL 15614
  11. Immobilière Montérégienne IMR v. Snoussi 2016 QCRDL 40347
  12. Gestion double RR Quenneville 2016 QCRDL 42579
  13. Immobilière montérégienne IMR v. Colbert 2016 QCRDL 40853

Pronotif allows the sender to notify documents and notices, while scientifically confirming that the content has been received, viewed, and/or downloaded. This is the highest level of proof available on the market.

According to the TAL: how to proceed with the notification of a request to the other party

TAL Procedural Code: https://www.tal.gouv.qc.ca/en/filing-an-application/notification-of-an-application-to-the-other-party

  • The TAL does not mandate a specific method of notification. Notice may be given by any appropriate method that provides evidence of receipt or publication of the application. This may include service by bailiff, by registered mail, by personal delivery by courier, by technological means, and in some cases by public notice. In addition, regardless of the method of notification used, the person who acknowledges receipt of the request or who recognizes having received it is deemed to have been validly notified.
  • Confirmation of delivery issued by Canada Post is recognized as proof of service
  • Service by bailiff does not require proof of opening the message

 

Note: In no case is it necessary to prove the opening of the envelope but rather the delivery.

 

Proof (Confirmation report)

All Pronotif sendings instantly generate a Confirmation Report that contains a detailed audit trail of the transmission. The report proves the transmission by clearly establishing, through time-stamping and confirmation of server-email communications via SMTP protocol, the exact second when the recipients received, opened, and downloaded the email and attachment from their mailbox. The report also contains all the information required by the rules of civil procedure in Canada and in many other jurisdictions.

  • See the Annex below for more information on the confirmation report

 

The steps of a Pronotif notification

  1. The sender may obtain the consent of the recipient to use Pronotif as a means of notification.
  2. The document/message to be notified is sent through the platform
  3. The document/message is sent to the recipient by e-mail (email@domain.com).
    1. The recipient does not need to have an account
  4. The transmission is validated by the communication established between the sending and receiving server
    1. No transmission in case of wrong address, or full box.
  5. The email received by the recipient contains:
    1. The message from the sender;
    2. If applicable, the document(s) notified;
    3. A link to download the Confirmation Report containing information about the notified document/message, the sender, the recipient, the proof of transmission and a SHA256 code to verify the integrity of the document
  6. The sender also receives the Confirmation Report containing all the information of the sending and a proof of reading and/or downloading the document

 

 

 

CODE OF CIVIL PROCEDURE

CHAPTER VI

NOTIFICATION OF PLEADINGS AND DOCUMENTS

DIVISION I

GENERAL RULES

  1. The purpose of notification is to bring a document, whether an originating application or any other pleading or document, to the attention of the persons concerned.

A document intended for two or more addressees must be notified to each separately.

2014, c. 1, a. 109.

  1. Notification may be made by any appropriate method that provides the notifier with proof that the document was delivered, sent or published. Such methods include notification by court bailiff, by mail, by delivery, by technological means and by public notice.

If the law so requires, notification is made by a court bailiff, in which case it is called service.

Whatever the method of notification used, a person who acknowledges receipt of the document or admits having received it is deemed to have been validly notified.

2014, c. 1, a. 110.

  1. Notification of a pleading by bailiff or by delivery of a document may only be made on days other than holidays, between 7 a.m. and 9 p.m. Notification of pleadings to lawyers, notaries and bailiffs or between them cannot be made on Saturdays, on holidays or before 8 a.m. or after 5 p.m. except with their consent.

Notification by a technological means on a Saturday or on a holiday or after 5 p.m. is deemed to have been made at 8 a.m. on the next working day.

2014, c. 1, a. 111.

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